Mumbai: Right to Information (RTI) activist Anil Galgali has addressed a letter to the Finance Minister and Minister of Corporate Affairs, Nirmala Sitharaman, and the Minister of State for Corporate Affairs, Harsh Mehta, requesting the immediate appointment of 24 judicial and technical members of the National Company Law Tribunal (NCLT).
The approval process for these appointments was initiated 36 months ago. In his letter, Galgali has also urged the authorities to investigate the reasons behind the delay in appointments and take necessary disciplinary action against the responsible government officials.
In the letter, a copy of which FPJ has accessed, Galgali states that the NCLT is facing severe disruptions due to the vacant positions of these 24 members. This delay, he says, is adversely affecting the functioning and efficiency of the judicial body and causing significant harm to the public interest.
“The appointments of these 24 new members have not been finalized yet, despite the approval process being initiated 36 months ago. This delay raises questions about the accountability of the concerned officials responsible for overseeing the smooth functioning of the NCLT across the country. It is crucial to urgently appoint these 24 members to ensure the tribunal can function at full capacity. Failure to address this issue will not only impede the judicial process but also undermine the objectives of the Insolvency and Bankruptcy Code (IBC), which plays a key role in resolving insolvency cases in the country,” the letter reads.
The letter further highlights that the delay in appointments is causing immense difficulties for businesses, individuals, and professionals directly or indirectly associated with the tribunal.
“The absence of adequate members hampers the resolution of insolvency and liquidation cases, further escalating costs and delays. To restore public faith in the system, it is essential to ensure that the NCLT operates at full capacity without any bureaucratic hurdles. This delay contradicts the principle of ‘Justice Delayed is Justice Denied’ and weakens the credibility of the judicial system,” the letter concludes.
